I 

115TH CONGRESS 

1ST SESSION H. R. 4249 

To provide housing and Medicaid assistance to families affected by a major 

disaster, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2017 

Mrs. MURPHY of Florida (for herself and Mr. SOTO) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on Financial Services, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide housing and Medicaid assistance to families 

affected by a major disaster, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disaster Displacement 

5 Act of 2017’’. 

6 SEC. 2. HOUSING ASSISTANCE. 

7 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘disaster housing assistance pro2 gram’’ means a program that provides direct rental 

3 assistance and case management services to individ4 uals and households displaced from their pre-dis5 aster primary residences— 

6 (A) pursuant to sections 408(b) and 426 of 

7 the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5174(b), 

9 5189d); and 

10 (B) using the authorities, as may be nec11 essary, under— 

12 (i) section 102(b)(2) of the Homeland 

13 Security Act of 2002 (6 U.S.C. 112(b)(2)); 

14 (ii) section 306(a) of the Robert T. 

15 Stafford Disaster Relief and Emergency 

16 Assistance Act (42 U.S.C. 5149(a)); and 

17 (iii) section 1535 of title 31, United 

18 States Code; and 

19 (2) the term ‘‘public housing agency’’ has the 

20 meaning given the term in section 3(b)(6) of the 

21 United States Housing Act of 1937 (42 U.S.C. 

22 1437a(b)(6)). 

23 (b) HOUSING ASSISTANCE FOLLOWING A MAJOR

24 DISASTER.—Except as provided in subsection (c)— 


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1 (1) the Secretary of Housing and Urban Devel2 opment shall provide funding for, or make tem3 porary adjustments to, assistance provided under 

4 section 8(o), 9(d), or 9(e) of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437f(o), 

6 1437g(d), 1437(e)) upon request by a public housing 

7 agency and supported by documentation, as required 

8 by the Secretary of Housing and Urban Develop9 ment, that demonstrates a need for the additional 

10 funding or adjustment as a consequence of a major 

11 disaster declared by the President under section 401 

12 of the Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5170); and 

14 (2) the Secretary of Agriculture shall provide 

15 funding for, or make temporary adjustments to, as16 sistance provided under section 504, 515, 521, or 

17 542 of the Housing Act of 1949 (42 U.S.C. 1474, 

18 1485, 1490a, 1490r) upon request by a State or a 

19 political subdivision of a State and supported by 

20 documentation, as required by the Secretary of Agri21 culture, that demonstrates a need for the additional 

22 funding or adjustment as a consequence of a major 

23 disaster declared by the President under section 401 

24 of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5170). 


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1 (c) EXCEPTION.—With respect to a request made 

2 under paragraph (1) or paragraph (2) of subsection (b), 

3 no additional funding or temporary adjustment shall be 

4 provided or made under such subsection if a disaster hous5 ing assistance program is established to address the need 

6 for the additional funding or temporary adjustment identi7 fied in the request not later than 7 days after the date 

8 on which the request is made. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section. 

12 SEC. 3. DISASTER RELIEF MEDICAID FOR HURRICANE 

13 MARIA SURVIVORS. 

14 (a) AUTHORITY TO PROVIDE DISASTER RELIEF

15 MEDICAID.—Notwithstanding any provision of title XIX 

16 of the Social Security Act (42 U.S.C. 1396 et seq.), a 

17 State shall, as a condition of participation in the Medicaid 

18 program established under such title, provide medical as19 sistance to DRM-eligible Maria Survivors (as defined in 

20 subsection (b)) under a State Medicaid plan during the 

21 DRM coverage period in accordance with the following 

22 provisions of this section and without submitting an 

23 amendment to the State Medicaid plan. Such assistance 

24 shall be referred to as ‘‘DRM assistance’’. 

25 (b) DRM-ELIGIBLE MARIA SURVIVOR DEFINED.— 


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1 (1) IN GENERAL.—In this section, the term 

2 ‘‘DRM-eligible Maria Survivor’’ means a Maria Sur3 vivor whose family income (as determined under sec4 tion 1902(e)(14) (relating to modified adjusted gross 

5 income), subject to paragraphs (2) and (3) of this 

6 subsection) does not exceed the higher of— 

7 (A) the income eligibility standard which 

8 would apply to the Survivor under the Medicaid 

9 plan of the State in which the Survivor had a 

10 primary residence in a direct impact area on 

11 any day during the week preceding September 

12 17, 2017; or 

13 (B) the income eligibility standard that ap14 plies to the Survivor under the Medicaid plan of 

15 the State in which the Survivor temporarily is 

16 residing. 

17 (2) NO RESOURCES, RESIDENCY, OR CATEGOR18 ICAL ELIGIBILITY REQUIREMENTS.—Eligibility 

19 under paragraph (1) shall be determined without ap20 plication of any resources test, State residency, or 

21 categorical eligibility requirements. 

22 (3) DISREGARD OF UNEMPLOYMENT INSUR23 ANCE BENEFITS.—In determining the family income 

24 of a Maria Survivor, the State shall disregard any 

25 amount received under a law of the United States or 


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1 of a State which is in the nature of unemployment 

2 compensation by a Maria Survivor during the DRM 

3 coverage period. 

4 (4) DEFINITION OF CHILD.—For purposes of 

5 paragraph (1), a DRM-eligible Maria Survivor shall 

6 be determined to be a ‘‘child’’ in accordance with the 

7 definition of ‘‘child’’ under the State Medicaid plan. 

8 (c) ELIGIBILITY DETERMINATION; NO CONTINU9 ATION OF DRM ASSISTANCE.— 

10 (1) STREAMLINED ELIGIBILITY PROCESS.—The 

11 State shall use the following streamlined procedures 

12 in processing applications and determining eligibility 

13 for DRM assistance for DRM-eligible Maria Sur14 vivors: 

15 (A) A common 1-page application form de16 veloped by the Secretary in consultation with 

17 the National Association of State Medicaid Di18 rectors. Such form shall— 

19 (i) require an applicant to provide an 

20 expected address for the duration of the 

21 DRM coverage period and to agree to up22 date that information if it changes during 

23 such period; 

24 (ii) include notice regarding the pen25 alties for making a fraudulent application; 


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1 (iii) require the applicant to assign to 

2 the State any rights of the applicant (or 

3 any other person who is a DRM-eligible 

4 Maria Survivor and on whose behalf the 

5 applicant has the legal authority to execute 

6 an assignment of such rights) under any 

7 group health plan or other third-party cov8 erage for health care; and 

9 (iv) require the applicant to list any 

10 health insurance coverage which the appli11 cant was enrolled in immediately prior to 

12 submitting such application. 

13 (B) Self-attestation by the applicant that 

14 the applicant— 

15 (i) is a DRM-eligible Maria Survivor; 

16 and 

17 (ii) if applicable, requires home and 

18 community-based services provided under 

19 such DRM assistance. 

20 (C) No requirement for documentation evi21 dencing the basis on which the applicant quali22 fies to be a DRM-eligible Maria Survivor or, if 

23 applicable, requires home and community-based 

24 services. 


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1 (D) Issuance of a DRM assistance eligi2 bility card to an applicant who completes such 

3 application, including the self-attestation re4 quired under subparagraph (B). Such card shall 

5 be valid as long as the DRM coverage period is 

6 in effect and shall be accompanied by notice of 

7 the termination date for the DRM coverage pe8 riod and, if applicable, notice that such termi9 nation date may be extended. If the Secretary 

10 extends the DRM coverage period, the State 

11 shall notify DRM-eligible Maria Survivors en12 rolled in DRM assistance of the new termi13 nation date for the DRM coverage period. 

14 (E) If an applicant completes the applica15 tion and presents it to a provider or facility 

16 participating in the State Medicaid plan that is 

17 qualified to make presumptive eligibility deter18 minations under such plan (which at a min19 imum shall consist of facilities identified in sec20 tion 1902(a)(55) of the Social Security Act (42 

21 U.S.C. 1396a(a)(55))) and it appears to the 

22 provider that the applicant is a DRM-eligible 

23 Maria Survivor based on the information in the 

24 application, the applicant will be deemed to be 


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1 a DRM-eligible Maria Survivor eligible for 

2 DRM assistance in accordance with this section. 

3 (F) Continuous eligibility, without the need 

4 for any redetermination of eligibility, for the 

5 duration of the DRM coverage period. 

6 (2) NO CONTINUATION OF DRM ASSISTANCE.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) and (C), no DRM assistance 

9 shall be provided after the end of the DRM cov10 erage period. 

11 (B) PRESUMPTIVE ELIGIBILITY.—In the 

12 case of any DRM-eligible Maria Survivor who is 

13 receiving DRM assistance from a State in ac14 cordance with this section and who, as of the 

15 end of the DRM coverage period, has an appli16 cation pending for medical assistance under the 

17 State Medicaid plan for periods beginning after 

18 the end of such period, the State shall provide 

19 such Survivor with a period of presumptive eli20 gibility for medical assistance under the State 

21 Medicaid plan (not to exceed 60 days) until a 

22 determination with respect to the Survivor’s ap23 plication has been made. 

24 (C) PREGNANT WOMEN.—In the case of a 

25 DRM-eligible Maria Survivor who is receiving 


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1 DRM assistance from a State in accordance 

2 with this section and whose pregnancy ended 

3 during the 60-day period prior to the end of the 

4 DRM coverage period, or who is pregnant as of 

5 the end of such period, such Survivor shall con6 tinue to be eligible for DRM assistance after 

7 the end of the DRM coverage period, including 

8 (but not limited to) for all pregnancy-related 

9 and postpartum medical assistance available 

10 under the State Medicaid plan, through the end 

11 of the month in which the 60-day period (begin12 ning on the last day of her pregnancy) ends. 

13 (3) TREATMENT OF MARIA SURVIVORS PRO14 VIDED ASSISTANCE PRIOR TO DATE OF ENACT15 MENT.—Any Maria Survivor who is provided medical 

16 assistance under a State Medicaid plan in accord17 ance with guidance from the Secretary during the 

18 period that begins on September 17, 2017, and ends 

19 on the date of enactment of this Act shall be treated 

20 as a DRM-eligible Maria Survivor, without the need 

21 to file an additional application, for purposes of eli22 gibility for DRM assistance under this section. 

23 (d) SCOPE OF COVERAGE.— 

24 (1) IN GENERAL.—The State shall treat a 

25 DRM-eligible Maria Survivor as an individual eligiVerDate Sep 11 2014 20:09 Nov 06, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4249.IH H4249

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1 ble for medical assistance under the State Medicaid 

2 plan on the same basis for eligibility under the State 

3 Medicaid plan as would apply to the Survivor if the 

4 survivor were a permanent resident of the State in 

5 which the Survivor temporarily is residing. Coverage 

6 for such assistance shall be retroactive to items and 

7 services furnished on or after September 17, 2017. 

8 (2) CHILDREN BORN TO PREGNANT WOMEN.— 

9 In the case of a child born to a DRM-eligible Maria 

10 Survivor who is provided DRM assistance during the 

11 DRM coverage period, such child shall be treated as 

12 having been born to a pregnant woman eligible for 

13 medical assistance under the State Medicaid plan 

14 and shall be eligible for medical assistance under 

15 such plan in accordance with section 1902(e)(4) of 

16 the Social Security Act (42 U.S.C. 1396a(e)(4)). 

17 The Federal medical assistance percentage applica18 ble to the State Medicaid plan shall apply to medical 

19 assistance provided to a child under such plan in ac20 cordance with the preceding sentence. 

21 (e) 100-PERCENT FEDERAL MATCHING PAY22 MENTS.— 

23 (1) IN GENERAL.—Notwithstanding section 

24 1905(b) of the Social Security Act (42 U.S.C. 

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1 age or the Federal matching rate otherwise applied 

2 under section 1903(a) of such Act (42 U.S.C. 

3 1396b(a)) shall be 100 percent for— 

4 (A) providing DRM assistance to DRM-eli5 gible Maria Survivors during the DRM coverage 

6 period in accordance with this section; 

7 (B) costs directly attributable to adminis8 trative activities related to the provision of such 

9 DRM assistance; and 

10 (C) DRM assistance provided in accord11 ance with subparagraph (B) or (C) of sub12 section (c)(2) after the end of the DRM cov13 erage period. 

14 (2) DISREGARD OF PAYMENTS.—Payments pro15 vided to a State in accordance with this subsection 

16 shall be disregarded for purposes of applying sub17 sections (f) and (g) of section 1108 of the Social Se18 curity Act (42 U.S.C. 1308). 

19 (3) MAINTENANCE OF EFFORT.—A State that 

20 receives payments in accordance with this subsection 

21 shall provide assurances to the Secretary that the 

22 funds provided under this subsection will be used to 

23 supplement and not supplant other Federal and 

24 State funds used to provide medical assistance under 

25 the State Medicaid plan. 


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1 (f) VERIFICATION OF STATUS AS A MARIA SUR2 VIVOR.— 

3 (1) IN GENERAL.—A State shall make a good 

4 faith effort to verify the status of an individual who 

5 is enrolled in the State Medicaid plan as a DRM-eli6 gible Maria Survivor under the provisions of this 

7 section. Such effort shall not delay the determina8 tion of the eligibility of the Survivor for DRM assist9 ance under this section. 

10 (2) EVIDENCE OF VERIFICATION.—A State may 

11 satisfy the verification requirement under subpara12 graph (A) with respect to an individual by showing 

13 that the State providing DRM assistance obtained 

14 information from the Social Security Administration, 

15 the Internal Revenue Service, or the State Medicaid 

16 Agency for the State from which individual is from 

17 (if the individual was not a resident of such State 

18 on any day during the week preceding September 

19 17, 2017). 

20 (g) EXEMPTION FROM ERROR RATE PENALTIES.— 

21 All payments attributable to providing DRM assistance in 

22 accordance with this section shall be disregarded for pur23 poses of section 1903(u) of the Social Security Act (42 

24 U.S.C. 1396b(u)). 


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1 (h) PROVIDER PAYMENT RATES.—In the case of any 

2 DRM assistance provided in accordance with this section 

3 to a DRM-eligible Maria Survivor that is covered under 

4 the State Medicaid plan (as applied without regard to this 

5 section) the State shall pay a provider of such assistance 

6 the same payment rate as the State would otherwise pay 

7 for the assistance if the assistance were provided under 

8 the State Medicaid plan (or, if no such payment rate ap9 plies under the State Medicaid plan, the usual and cus10 tomary prevailing rate for the item or service for the com11 munity in which it is provided). 

12 (i) APPLICATION TO INDIVIDUALS ELIGIBLE FOR

13 MEDICAL ASSISTANCE.—Nothing in this section shall be 

14 construed as affecting any rights accorded to an individual 

15 who is a recipient of medical assistance under a State 

16 Medicaid plan who is determined to be a DRM-eligible 

17 Maria Survivor but the provision of DRM assistance to 

18 such individual shall be limited to the provision of such 

19 assistance in accordance with this section. 

20 (j) DEFINITIONS.—In this section: 

21 (1) DIRECT IMPACT AREA.—The term ‘‘direct 

22 impact area’’ means an area for which a major dis23 aster has been declared by the President before Oc24 tober 1, 2017, under the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act by reaVerDate Sep 11 2014 20:09 Nov 06, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4249.IH H4249

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1 son of Hurricane Maria and which the President has 

2 determined warrants individual and public assistance 

3 from the Federal Government under such Act by 

4 reason of Hurricane Maria. 

5 (2) DRM COVERAGE PERIOD.— 

6 (A) IN GENERAL.—The term ‘‘DRM cov7 erage period’’ means the period beginning on 

8 September 17, 2017, and, subject to subpara9 graph (B), ending on such date as is deter10 mined by the Secretary, in consultation with the 

11 Administrator of the Federal Emergency Man12 agement Agency, but not earlier than 24 

13 months after the date of enactment of this Act. 

14 (B) SECRETARY AUTHORITY TO EXTEND

15 DRM COVERAGE PERIOD.—The Secretary may 

16 extend the DRM coverage period for an addi17 tional 6 months. Any reference to the term 

18 ‘‘DRM coverage period’’ in this section shall in19 clude any extension under this subparagraph. 

20 (3) MARIA SURVIVOR.— 

21 (A) IN GENERAL.—The term ‘‘Maria Sur22 vivor’’ means an individual who is described in 

23 subparagraph (B) or (C). 

24 (B) RESIDENTS OF DIRECT IMPACT

25 AREAS.—An individual who, on any day during 


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1 the week preceding September 17, 2017, had a 

2 primary residence in a direct impact area. 

3 (C) TREATMENT OF CURRENT MEDICAID

4 BENEFICIARIES.—Nothing in this section shall 

5 be construed as preventing an individual who is 

6 otherwise entitled to medical assistance under a 

7 State Medicaid plan from being treated as a 

8 Maria Survivor under this section. 

9 (D) TREATMENT OF HOMELESS PER10 SONS.—For purposes of this section, in the case 

11 of an individual who was homeless on any day 

12 during the week described in subparagraph (B), 

13 the individual’s ‘‘residence’’ shall be deemed to 

14 be the place of residence as otherwise deter15 mined for such an individual under title XIX of 

16 the Social Security Act. 

17 (4) MEDICAID PLAN.—The term ‘‘Medicaid 

18 plan’’ means the plan for medical assistance estab19 lished by a State under title XIX of the Social Secu20 rity Act (42 U.S.C. 1396 et seq.) and includes any 

21 waiver of such plan that is in effect in the State dur22 ing the DRM coverage period. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Health and Human Services. 


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1 (6) STATE.—The term ‘‘State’’ has the mean2 ing given that term for purposes of title XIX of the 

3 Social Security Act (42 U.S.C. 1396 et seq.). 

Æ 


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